Marijuana trafficking is a very serious charge here in Oklahoma City. If you or someone you love is being charged with trafficking, call us at Cannon & Associates at (405) 657-2323 right away so we can get started building a strong defense for you.
What Are the Penalties for Marijuana Trafficking in Oklahoma?
In Oklahoma, trafficking any drug carries mandatory minimum sentences. This means there is a minimum number of years that you will have to serve in prison if you’re convicted: there will be no possibility of parole before that time is up, and the judge does not have leeway to set aside that prison sentence or to take it any lower than the mandatory minimum.
The mandatory minimum varies from four years to 10 years, depending on the precise circumstances of your arrest and whether you are being charged with marijuana trafficking or aggravated trafficking. The total prison sentence given can run all the way up to 20 years; or even life in prison if you’re charged with aggravated trafficking.
Additionally, you could face fines up to $100,000 for trafficking and up to $500,000 for aggravated trafficking. If this is your second offense or more, you can expect much harsher penalties. In most cases, you’re going to be looking at three times the punishment if you’re caught distributing the same drug. If you are caught for a third time engaging in marijuana trafficking, the punishment is life without possibility of parole.
Drug Trafficking vs. Distribution
Drug trafficking and drug distribution are two different offenses. The main difference between them for Oklahoma legal purposes is simply the amount of drugs involved.
Distribution
For distribution, there is no minimum amount required to bring the charge. If the police find more drugs in your possession than they believe is what is reasonable for individual personal use, they can elevate the charge from possession to possession with intent to distribute.
If you have a medical marijuana license, you are allowed to have a certain amount of marijuana, but if you have more than this, or if the police have reason to believe that you have been selling or sharing your marijuana with someone else, they may try to bring a distribution charge. Be aware that you don’t have to actually sell any drugs to face a charge for distribution. Just letting somebody else hold your drugs could be enough for the state to bring this charge.
However, a distribution charge is often easier to defend against than a trafficking charge because the element of intent does have to be there. Although the police may believe that what you had was more than an individual person would use, your lawyer may be able to make a case for why that’s not true. The penalties for distribution are lower than for trafficking.
Distribution comes with a minimum sentence of two years in prison and a fine of up to $20,000. However, if you are convicted of distributing to a minor or within 2,000 feet of a school, public housing, or public park, the penalties are doubled.
Drug Trafficking
Drug trafficking is much more serious. In drug trafficking, the state has no obligation to prove any intent. In other words, the prosecution only has to prove that you had the marijuana with you. They don’t have to show any evidence that you intended to sell it or distribute it. What qualifies your case for a trafficking charge is solely the amount of marijuana involved. If the police find 25 pounds or more in your possession, they can charge you with trafficking.
FAQ
How Can a Criminal Defense Lawyer in Oklahoma City Help?
A criminal defense lawyer will often start by taking a look at the circumstances of your arrest and how the drugs were found. Although the prosecution does not have to prove intent, they do have to prove that the drugs were actually yours. If the drugs were found on your person, obviously it will be difficult to say that the drugs were not yours or you were not aware of them. However, if you share a home with other people or live in a home where others are free to come and go, it may be possible to show that you were not aware of the presence of the drugs. The same might be true if the drugs are found in a car that you share with other people or frequently allow friends to drive, so long as the drugs were not in an obvious place at the time you were arrested (such as next to you on the front seat).
A lawyer can also help you by looking into whether your rights were violated at any point during the arrest or investigation. For example, if the police had no warrant to search your home and no probable cause to believe there was a crime being committed in your home, yet they entered anyway and found the drugs, it may be possible to exclude the drugs because it was an illegal search and seizure. The same is true if you were in your car and the police pulled you over for no good reason.
Another way that your defense lawyer can help is by negotiating with the prosecution. It’s often possible to point out holes in the evidence or story and highlight to the prosecution how difficult it will be to get a conviction on a higher charge. Sometimes, they may be willing to allow you to plead guilty to a lesser charge to avoid the expense and time of going to trial. If your case does go to trial, you can expect your lawyer to aggressively challenge the story that the prosecution is bringing and do everything possible to cast reasonable doubt on the charges against you.
What If I Have a Marijuana License?
Having a medical marijuana license does not allow you to transport or possess more than the allowed minimums. If you have a license, you are allowed to have up to 3 ounces of marijuana on your person and up to 8 ounces in your residence. You can have six mature plants and seedlings and up to an ounce of concentrate. But having a license is no protection against a trafficking charge if you have 25 pounds or more of marijuana in your possession.
Be aware, too, that while Oklahoma City abides by the state guidelines for medical marijuana possession, Oklahoma state law does allow each municipality to make its own rules about precisely how much marijuana a medical license holder is permitted to have in their possession. If you go to a different city, it’s worth finding out if the rules are different.
Whatever the situation you’re facing, you need a strong defense because Oklahoma has some of the harsh penalties for marijuana trafficking in the country. At Cannon & Associates, we are your Fierce Advocates®, and we stand with families to defend their rights aggressively here in our state. We have extensive experience in criminal law, and drug cases in particular, and we stand ready to help you with yours. Contact Cannon & Associates in Oklahoma City now for a free case strategy session.